over, be liable to the owner, controller, occupier, or tenant of any such house, boat, float, tenement, or premises, for all damages and costs, legal and extraordinary, which he or she may sustain in consequence thereof.

.

common gambler

§ 25. That if any person or persons shall engage in Who deemed a gambling for a livelihood, such person or persons shall be held and taken to be a common gambler, and shall be dealt with as prescribed in this chapter.

§ 26. That whoever shall engage in any game of chance upon the public highway, at which money or property or other thing of value shall be won or lost, shall, upon conviction thereof, be fined not less than twenty nor more than one hundred dollars.

Gaming on the public highwayhow punished.

ARTICLE II.

Betting on Elections.

1R. S., 568. Penalty for bet

ting on an election.

§ 1. If any person shall wager or bet any sum of money or any thing of value upon any election under the Constitution and laws of this Commonwealth, or the Constitution and laws of the United States, he shall forfeit and pay the sum of one hundred dollars, to be recovered by indictment in the circuit court of the county where the bet is made, or in any county where the party so offending may be found; How recovered. and, in addition to the fine aforesaid, if the person winning shall receive the sum of money or other thing so bet, or its value, or anything therefor, the sum of money so received, or the value of anything else so received, shall be forfeited to the Commonwealth, and may be recovered by any appropriate action in the name of the Commonwealth, before the circuit court or the presiding judge of the county court, wherever the offending party may be found. (a) § 2. One half of all fines and forfeitures denounced or Fines and forprescribed in any section of this chapter, after the payment of proper fees and expenses of the prosecution, shall inure to the benefit of the common school fund, and the other half to the Commonwealth.

The thing bet formonwealth.

feited to the Com

feitures for bet

ting on election

disposed of.

(a) Any wager upon the result of an election, no matter in what form it is made, if the real effect intended is, that one party may lose, and the other gain, money or property, according as the election may terminate for or against a particular candidate, is gaming in contemplation of the statute. (Commonwealth vs. Shouse, 16 B. M., 328; see also Todd vs. Caplinger, 4 Bush, 139.)

2. There is no right of action given to the loser to recover back again for his own benefit any thing bet and lost on an election. (Love vs. Harris, 18 B. M., 125.)

county judge to

report to Auditor

fines and forfeitures.

§ 3. Immediately after the fall or last term of the cirDuty of clerk and Cuit court, in every year, it shall be the duty of each circuit Court clerk, or county judge, to make out and transmit to the Auditor of Public Accounts a statement, showing the amount of each fine or judgment recovered under this act, and against whom it is; for which the sheriff shall settle with and account to the Auditor, in the same manner and under the like penalties now provided by law for the collection of the public revenue, one half of which sums shall be placed by the Auditor to the credit of the school fund.

to proceed to

fines uncollect

able.

§ 4. That should the sheriff be unable, by reason of the How the sheriff insolvency or removal of any one or more of those against have credit by whom said fines, &c., have been assessed, to make the money, he shall receive a credit therefor with the Auditor, upon his producing the certificate of the circuit court clerk that due diligence has been used by the sheriff, and that the process which issued against said offenders has been returned not made. The returns of insolvents thus provided for shall be made to the Auditor at or before the time the sheriffs are now required to pay in the public revenue.

County courts in

pointing.

Appointment of Guardian and Curator.

§ 1. The several county courts shall have jurisdiction for Jurisdiction of the appointment and removal of guardians and curators to respect of ap- minors, and the settlement of their accounts. The court of What county the county in which the minor resides at the time of the apTestamentary pointment shall have the jurisdiction. But if the appointappointment. ment is made by the will of the father or mother of the

court.

minor, then the jurisdiction shall be in the court of the county in which the will was proven; and if the minor be a non-resident, the jurisdiction shall be in the court of that county in which some portion of his real estate may lie; and if he has no real estate, then in any county in which he may have personal estate.

of appointment.

§ 2. Any father may, by will, appoint a guardian to his A father's power infant child during its minority, or for any less period, and may appoint the guardianship of the infant's estate to one, and the custody, nurture, and education of the infant to another.

§ 3. No guardian, except a testamentary one for nurture and education, can act until he has been appointed by the proper county court and given covenant to the Commonwealth, with good surety, approved by the court, faithfully to discharge the trust of guardian. (a)

4. If the court fails to take such covenant, or accepts such person or persons for surety as do not satisfy it of their sufficiency, the judge so in default, and his sureties, shall be jointly and severally liable to the ward for any damage he may sustain thereby.

§ 5. If the will of the father so directs, no security shall be required from the guardian, unless from change of circumstances in the guardian since the making of the will, or other cause, the court deems it imprudent to dispense therewith.

§ 6. In appointing a guardian, the court shall pay proper attention to the following order of precedence in right, and not depart therefrom, unless it deems that prudence and the interest of the infant so require:

First. The father, or testamentary guardian of his appointing.(b)

Secondly. The mother, if unmarried; and

Thirdly. The next of kin, giving preference to males.

§ 7. If the minor is fourteen years of age, he may, in the presence of the court, or by writing signed in the presence of one of its judges, after privy examination, nominate his

Guardian not to

act until appoint

ed by court, and

covenant given.

Delinquency of ders him and his

county judge rensureties respon

sible.

No security redirects, unless,

quired if will so

&c.

Order of prece

dence in appoint

ing guardian.

Minor over fournate his guardian

teen may nomi

(a) As to liability of sureties for a guardian to contribution, see note under chapter contribution. (Elbert vs. Jacoby, 8 Bush, 542.)

2. If no bond is taken in the county court upon the appointment of a guardian, the county judge will be responsible on his bond for any estate or funds coming to his hands, and which he fails to pay over to the ward. (Daniel vs. Vertrees, 6 Bush, 4.)

(b) Unless prudence and the interest of the infant should otherwise require, the father is entitled to preference in the appointment of a guardian for an infant. (Gambell vs. Pool, MS. Opinion, 1859.)

2. A testamentary guardian can be appointed by no one except a parent. Any testator may appoint a trustee to take charge of a bequest to infants. (Bush vs. Bush, 2 Duvall, 271.)

3. The subsequent marriage of the mother does not avoid her prior appointment as guardian

of her infant child by a former marriage. (Leaville vs. Bettis, 3 Bush, 74.)

4. In the absence of a statutory guardian, the public administrator and guardian may take control of suits which he may find pending, and not being prosecuted for the want of a statutory guardian. (Marshall vs. Marshall, 4 Bush, 251.)

in case of death, removal, &c.

own guardian. But if the person so nominated is not approved by the court, or if the minor, after summons, fails to nominate a suitable person, or resides out of the State, or if the testamentary guardian fails for three months to qualify, the court may appoint a guardian of its own selection.

§ 8. During any vacancy in the office of guardian by reaCourt to appoint son of non-appointment, death, removal, or suspension of a guardian, the court may, from time to time, appoint and remove a curator, who shall give a covenant, with surety similar to that required from a guardian.

Curator vested with same powers, &c., as a guardian.

guardian may be

$ 9. The powers, duties, and responsibilities of such curator shall be the same as those of a guardian.

§ 10. Any one damaged by the act or omission of a guardCovenant of a ian or curator as such, may sue as relator upon his covenant; and with the assent of the county court, or of a court of chancery, any one may sue thereon as next friend of the ward before he has attained full age.

enforced by any

one damaged.

When court may ian, or permit him

remove a guard

to resign his trust

Marriage of fe

male ward dis charges guard

ianship.

§ 11. When a guardian shall become insane, move out of the State, become incapable of discharging the duties of his trust, or evidently unsuited therefor, the court, being satisfied that either of the causes aforenamed exists, shall remove him; or when it appears proper, the court may permit him to resign his trust, if he first settles his accounts, and delivers over the estate as by the court directed, and in either case, or upon his death, appoint another guardian.

§ 12. The marriage of a female ward shall operate as a discharge of the guardianship, and entitle her to demand a settlement with her guardian.

13. The court may also remove a guardian for failing re- to make a settlement of his accounts as required by law, or to settle accounts as may be required by the court, or for failing to give addi

Court may move for failure

Duty of court to

inquire into sol

vency of sureties.

When and how

counter-security

may be required.

tional security when required.

§ 14. The court shall annually inquire into the solvency of sureties for guardians; and if at any time it has cause to believe that the sureties of a guardian are insolvent or in failing circumstances, it shall, after summoning the guardian, require him to give additional security.

§ 15. Upon the application of the surety of any guardian, and after ten days' notice to the guardian, the court may require him to give counter security to his surety; and on his failing to do so, remove him or order the estate of the ward to be paid over to a new guardian or a curator.

ARTICLE II.

Power and Duty of Guardian.

§ 1. A guardian shall, within sixty days after his appointment, return to the court, or to its clerk in vacation, a true and perfect inventory of the real and personal estate of the ward, signed by him and verified by his affidavit. If other estate shall afterwards come to his knowledge, he shall return a supplementary inventory thereof within sixty days from the time of obtaining such knowledge.

Duty of guardian

in respect of in

ventory.

§ 2. For failure to make such return within such times, May be removed the court may remove the guardian.

for failure.

shall contain.

§3. The inventory shall describe the real estate and where What inventory situated, with its probable value, and the probable value of its rent; and also a list of all personal property, including debts due the ward, with the probable value.

§ 4. The inventory shall be recorded, and the clerk shall, in the months of January and July of every year, present the court with a list of such guardians as shall have failed to return an inventory or to settle their accounts; and the court thereupon shall summon any delinquent, coerce performance of his duty, or remove him, holding him personally responsible for the costs of the proceeding.

§ 5. A guardian shall discharge the liabilities of the ward for the debts of his ancestor out of his personal estate; and when the personal estate, with the rents of the real estate, is not sufficient therefor, he may, by petition to a court of his county having equity jurisdiction, obtain leave to sell land for that purpose. He shall also receive and sue for the debts and demands owing to the ward, defend actions against him, and, with leave of the court, may compound a debt or demand.

§ 6. A guardian shall also have power to sell any of the personal estate of the ward. He may lease any real estate of the ward till the ward shall arrive at full age; but no such lease shall be made for a longer term than seven years. He may also renew any beneficial lease which the ward may hold as tenant for years, and keep the real estate in proper repair.

§ 7. A guardian shall have the custody of his ward, and the possession, care, and management of the ward's estate, real and personal, and out of the estate shall provide for

Duty of clerks in tories.

respect of inven

Duty of guardian debts of ancestor debts due the

in respect of

of his ward, and

ward.

Power to sell perreal estate.

sonalty and lease

To have custody possession, &c., maintenance and

of the ward and

of the estate, for

education.